This copy is for your personal non-commercial use only. To order presentation-ready copies of Toronto Star content for distribution to colleagues, clients or customers, or inquire about permissions/licensing, please go to: www.TorontoStarReprints.com

Patricia O'Byrne arrives at College Park court in Toronto for sentencing on April 2, 2013. (Bernard Weil / TORONTO STAR)

Patricia O'Byrne leaves College Park court after being sentenced to house arrest for abducting her child and keeping her away from the father for 18 years. (Bernard Weil / TORONTO STAR)

Patricia O'Byrne leaves College Park court after sentencing for abducting her child and keeping her away from the father for 18 years. (Bernard Weil / TORONTO STAR)

Normally, parents abducting their children should get “real jail” to denounce their conduct and deter others, Justice Mara Greene said at College Park provincial court Tuesday.

“However, the case at bar has some unique mitigating factors,” the judge added.

“Ms O’Byrne acted in a way that she thought was in the best interest of her child. She was frantic and fearful for her child's safety when she was not with her. These thoughts ultimately led her to abduct her child.”

Article Continued Below

Secondly, there is a clear link between the abuse she suffered as a child and the initial commission of the offence, Greene said.

“I appreciate that this does not explain why Ms O'Byrne kept (her daughter) away from her father for 18 years. At some point, the abduction became less about Ms O’Byrne’s concern for the safety of her child and more about protecting herself from detection and prosecution.”

But the judge noted that O’Byrne has pleaded guilty and taken full responsibility.

In addition, O’Byrne's daughter and father, Joe Chisholm, wrote statements that said jailing her will only exacerbate the harm already done.

Neither father nor daughter was in court for the sentencing.

O’Byrne, 55, refused to speak to reporters as she left.

But her lawyer, Julianna Greenspan, said the former Toronto woman is grateful for the judge’s decision.

Article Continued Below

The 21-year-old daughter, who cannot be identified, is also thankful her mother is spared jail, Greenspan said.

Daughter and father are developing a relationship, Greenspan added. “There is a hope for rebuilding and moving forward.”

Crown prosecutor Michael Callaghan had sought a sentence of 15 to 18 months in jail, followed by probation. He had no comment afterward.

O’Byrne mistrusted men because of the sexual abuse she suffered as a child and physical abuse she witnessed her mother experience, the judge noted.

“She was convinced, albeit wrongly, that Mr. Chisholm was putting her daughter at risk by using male babysitters,” Greene said.

Under a May 10, 1993, settlement, the daughter was to primarily live with O’Byrne, but Chisholm was granted access. But within weeks, O’Byrne and their daughter disappeared.

Over the years, Chisholm worked tirelessly to locate his girl, registering her with Child Find. Police issued a Canada-wide warrant for O’Byrne’s arrest.

Mother and daughter lived in Ireland for a time, moving to B.C. 10 years ago. There O’Byrne worked for the government and did volunteer work.

“Ms O’Byrne appears to have led a productive life and been a wonderful mother. I hesitate to refer to her existence as pro-social, however, as she spent the past 18 years living under a false identity and continued to be in breach of a court order.”

On Oct. 4, 2011, police got an anonymous tip she was living in Victoria under an assumed name. They arrested her on Dec. 1, 2011.

More from The Star & Partners

LOADING

Copyright owned or licensed by Toronto Star Newspapers Limited. All rights reserved. Republication or distribution of this content is expressly prohibited without the prior written consent of Toronto Star Newspapers Limited and/or its licensors. To order copies of Toronto Star articles, please go to: www.TorontoStarReprints.com